105 research outputs found

    Objective Research? Information Literacy Instruction Perspectives

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    Common understandings of “objective” research include values such as “factual” and “interpretive neutrality”. There is a growing consensus that the person, the “subject”, doing the research counts as much as if not more in the interpretive outcomes than the “facts” alone, and that “interpretive neutrality” is not possible. The presentation offers an alternative framing of “objective research” as the grounded, intentional and savvy analysis of an “object” in conversation with a community of peers/experts for the purpose of creating knowledge. Following Ferraris’ ontology, three classes of “objects” exist (1) Natural objects: exist whether or not a person notices them. Example: table, tree. (2) Ideal objects: exist even though only a mind can conceive of them. Example: triangle, consciousness. (3) Social objects: only exist in a social context. Example: documents (authored by a person for a reader in a specific context for a purpose). Thus, within any curriculum, research assignments could be considered objective while still engaging the full hermeneutical persona of the author. What may differ is the function of documents in the research process. Information literacy would then include matching the type of library resources to the function it serves in the assignment

    Le cadi et le sauf-conduit (amān) : les enjeux juridiques de la diplomatie dans l'Orient abbasside

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    Les recherches présentées dans cet article ont pu être menées à bien grâce au soutien des Actions Marie Curie de l'Union Européenne.International audienceThe employment of jurists or qāḍī-s for diplomatic missions, in the first centuries of Islam, is still little understood. The case of the qāḍī Ibrāhīm b. al-Jarrāḥ, who took a part in the surrender of the Egyptian governor ʿUbayd Allāh b. al-Sarī b. al-Ḥakam in 211/826, sheds light on the diplomatic use of qāḍī-s. With their special knowledge of legal books and formulas, qāḍī-s were increasingly seen by rulers as important experts who could use law to constrain the power of political rivals.L'emploi de juristes ou de cadis pour des missions diplomatiques aux premiers siècles de l'islam ne fait jusqu'ici que l'objet d'explications partielles. Le cas du cadi Ibrāhīm b. al-Jarrāḥ, qui intervint en 211/826 pour négocier la reddition du gouverneur égyptien ʿUbayd Allāh b. al-Sarī b. al-Ḥakam, vient éclairer d'un jour nouveau l'instrumentalisation de la judicature à des fins diplomatiques. Il apparaît que leur maîtrise livresque du droit et des formules juridiques faisait des cadis des experts de plus en plus recherchés pour leur capacité à contraindre un pouvoir rival par la force du droit

    The Islamic Family Endowment (Waqf)

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    As part of the larger Islamic inheritance system, endowment law accorded Muslim proprietors a legal means to circumvent the effects of the Islamic inheritance rules by allocating usufruct rights to specified people in specified amounts and to regulate the transmission of those rights from one generation of beneficiaries to the next. Over time, the institution appears to have contributed to the physical integrity of both urban and rural property. Whether or not it also contributed to the economic viability of the local economy is a subject that deserves further investigation. At the same time, the transformation of significant segments of the rural and urban landscape into familial endowments frequently resulted in discord, conflict, and litigation. The members of a lineal descent group acted as a kind of corporation bound by ties of blood and by economic interests in the endowment property. Those interests had to be defended against the attempted incursions of outsiders, usually relatives of the founder who did not qualify as endowment beneficiaries. The latter had a powerful incentive to challenge the validity of a particular endowment, because a successful challenge might result in their inheriting the property in full ownership. In this context, the interface between endowment law and inheritance rules created a calculus of material interest that encouraged individuals to manipulate the rules in order to advance their own interests

    Review of item items of the scale of gratitude in the perspective of Islamic Psychology

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    Diversity is an important study and talk in various religions, and the latter in psychology. Gratitude talks in psychology are related to mental health, social psychology, clinical psychology, educational psychology and especially positive psychology. Talk and research on diversity has been going on for more than two decades.  in the study of psychology in general. To be grateful is to present to oneself an oral expression in the form of praise to the khalik for all the favors obtained

    ISLAMIC LAW OF PROCEDURE: An Analysis of Kitâb al-Qâdhî ila al-Qâdhî in Islamic Legal Literature

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    Abstrak: Hukum Acara Islam: Analisis Kitâb al-Qâdhî ila al-Qâdhî dalam Literatur Hukum Islam. Telah jamak diterima di sementara kalangan ilmuwan bahwa hukum Islam tidak memiliki prosedur, dan memiliki jejak akar kemunculannya pada sistem yang dikenal dalam sistem hukum sekuler. Esai ini menganalisis asal usul gagasan prosedur hukum dengan menelusuri konsep awal yang ditemukan dalam genre Kitâb al-Qâdhî ilâ al-Qâdhî yang tergabung dalam literatur hukum fuqaha' atau ahli hukum Islam. Penelitian ini adalah penelitian kualitatif dengan menganalisis materi hukum pada surat hakim kepada hakim lain yang ditemukan dalam karya-karya berbagai ulama hukum Islam. Temuan penelitian ini mengimplikasikan bahwa meskipun ada penyederhanaan beberapa ilmuwan pada hukum pembuktian Islam, ada diskusi yang sangat kompleks tentang masalah ini dalam karya ulama hukum Islam. Selanjutnya, catatan sejarah hukum pembuktian dalam Islam ini telah menjadi bagian integral dari praktik sosial dan hukum pada masa awal, yang sejarahnya dapat dianggap sebagai konsepsi awal hukum pembuktian dalam Islam.Kata Kunci: Hukum Islam, prosedur, bukti, dokumenter, sejarah hukumAbstract: It has been commonly accepted amongst some scholars that Islamic law lacks of procedure and that it had indebted greatly to the system known in the secular system of law. This essay attempts to analyze the origin of the idea of the law procedure by tracing the very early concept found in the genre of Kitâb al-Qâdhî ilâ al-Qâdhî (a letter form one judge to another judge) incorporated in the legal literature of fuqahâ’ or Islamic jurisprudents. The study is a qualitative research by in depth analysis on legal materials on the letter of a judge to another judge found in the works of various Islamic law scholars. The finding of this study implies that despite the over-simplication of some scholars on the Islamic law of evidence, there exist a very complex discussion of the issue in the works of Islamic law scholars. It is conceivable to assert that this historical record of law of evidence in Islam had become an integral part of the social and legal practices of the early time that could be regarded as the early inception of law of evidence in Islam. Keywords: Islamic law, procedure, evidence, documentary, legal histor

    From Qualitative Dissertation to Quality Articles: Seven Lessons Learned

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    New scholars frequently face an immense challenge in writing papers for publication. Qualitative research novices, in particular, experience frustration in getting peer-reviewed papers published in top-tier journals. This article is a primer on converting a dissertation based on qualitative research into a journal article. It summarizes seven lessons, learned over a five-year period, about getting published. The lessons focus attention on manuscript content and style, the publication process, and working relationships

    Judicial Authority and Qāḍīs' Autonomy under the Abbasids

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    International audienceAs Joseph Schacht argued in the 1950s, the office of qāḍī began in the Umayyad period as that of a "legal secretary" to provincial governors. Documentary evidence from Egypt confirms that governors were indeed regarded as being the highest judicial authority in early Islam, and that their legal powers far surpassed that of any other judge. In large cities, governors appointed and dismissed qāḍīs at their will; decisions taken by qāḍīs' were could be swiftly overruled by political authorities. Although the Abbasids reformed and centralised the judiciary in the second half of eighth century AD, qāḍīs were still subordinate to reigning rulers and unable to impose judgements that displeased the caliph or his main representatives. The increasing political and social influence of scholars and the development of classical schools of law eventually changed this situation. Relying on a body of both narrative and legal literature, this paper addresses the qāḍīs' attempts to resist political rulers' interference with the judiciary by asserting themselves as true representatives of the shariʻa. It argues that Ḥanafi legal literature, dating from the ninth and tenth centuries AD, gradually elaborated a theory on the relationship between the qāḍī and the ruler; this theory was instrumental in doing away with political infringement on the judicial prerogative. This theory was soon incorporated into adab literature, whose stories of rulers entirely subjugated to the rule of law became a new political model

    Coronavirus Diseases -19: an overview in education, agriculture, and communication perspectives

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    As it emerged at the end of December 2020 in Wuhan, China, Coronavirus has now spread to many countries, which affected several sectors of human life. This paper aims to describe the impact of covid-19 on education, agriculture, and communication in Indonesia. In education, COVID-19 impacted the teaching methods. Teachers utilized e-learning during the COVID-19 pandemic, such as Schoology, Edmodo, Google Classroom, Facebook, WhatsApp, and Zoom. In agriculture, coronavirus impacted downstream and upstream agriculture. As the main food producer, farmers should be protected from the dangers of the coronavirus to maintain food security. All people need to consume food based on agricultural products. In communication, coronavirus makes society change in the use of communication media. New media is more interactive and creates a new understanding of interpersonal communication

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    Converting the Land: Property, Legal Knowledge, and Documentary Practices in Toledo and the Ebro Valley, 1085–c. 1200 CE

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    This article examines the drafting of land contracts and the evolution of local property law in key regional centers of power during the transition from Islamic to Christian rule in eleventh- and twelfth-century Iberia. Through the analysis of a range of Arabic and Latin property land sales preserved in the ecclesiastical archives of Toledo and the Ebro valley, the following study looks for signs of potential legal and documentary diffusion taking place as a result of the Christian conquests of the Middle and Upper Marches of al-Andalus. The paper explores the relationship between property and its transfer, on the one hand, and the emerging post-conquest documentary cultures, on the other. It studies borrowings between Latin and Arabic land documents, some of which can be associated with Andalusī property and contract law. The article links this transfer of knowledge to the legal and economic interests of the religious institutions that preserved the Arabic documents, highlighting how new dioceses and monasteries reclaimed the rights and benefits associated with former mosques. Such findings are framed as part of the active preservation and engagement of local property knowledge and Islamicate documentary practices, and their recycling for the post-conquest management and reorganization of the land
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